Victim won't help cops, so suspect goes free

OAKLAND

Published 4:00 am, Thursday, October 1, 2009

A man suspected of shooting and wounding a 21-year-old man at an Oakland supermarket has been released from custody because the victim is refusing to cooperate with investigators, police said Wednesday.

Antoine Harris, 20, of Oakland was released from jail Tuesday, three days after he walked into the Eastmont police substation in East Oakland to surrender, authorities said.

Police said Harris shot a 21-year-old man at the Royal Foods supermarket on the 7600 block of MacArthur Boulevard at 1:20 p.m. Friday, just blocks from the substation.

Oakland police tracked the suspect to the same building on the 2700 block of 74th Avenue in East Oakland where Lovelle Mixon, 27, gunned down two Oakland SWAT sergeants March 21, hours after fatally shooting two motorcycle officers. Mixon was shot and killed by police.

Late Friday, the Alameda County sheriff's SWAT team shot tear gas into the unit where Harris was believed to be hiding. But he apparently made it out of the building and eluded police until he gave himself up Saturday afternoon.

The shooting victim left Highland Hospital in Oakland against his doctors' advice over the weekend, and has refused to meet with police who had hoped to build a case against Harris, police said.

"The case is still open and active, but not much can be done without the cooperation of the (victim)," said police Sgt. Ray Backman, chief of staff to acting Police Chief Howard Jordan.

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